Wrongful Death: Who Can File?

By Deanne Katz, Esq. on February 27, 2013 6:07 AM

A lawsuit for wrongful death is a claim that a person’s life was taken due to the negligence of another person or company. It’s not an accusation of criminal wrongdoing, but it does ask the defendant to pay for the damage caused.

But there’s a big difference between wrongful death and most other civil lawsuits: the person who was injured isn’t the plaintiff.

The reason for that should be obvious given what the lawsuit is about. But that leaves us a nagging question. Who can file the suit?

When it comes to lawsuits, the only person who can sue is someone with “standing.” That’s legalese for someone who was actually harmed by whatever is being sued over.